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HomeMy WebLinkAbout1980 Resolution No. 006• • • 1A RESOL UT ION NO. 6 SERI ES OF 1980 __ _ A RESOLUTION APPROVING THE APPLICATION OF FRANZ HUMMEL DELICATESSEN, INC. FOR A BEER AND WINE LICENSE WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Franz Hummel Delicatessen, Inc., a Colorado c orporation, has heretofore made application pursuant to the pro- visions of Article 47, Title 12, C.R.S.'73, as amended, for a Beer a nd Wine License to be located at Store Unit E-4, also known a s E-2100, Cin de rella City Shopping Center, 701 West Hampden Ave., En g lewood, Colorado; and WHEREAS, n otice of said application and notice of public heari ng thereon having been given, and the hearing having been c o nducted on the 25th day of February, 1980 before the City Council, as t h e local licensing authority; and WHEREAS, all procedural requirements of the statutes hav- i n g b een complied with; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: That based upon the application of Franz Hummel Delicatessen, Inc . and the statements, testimony and exhibits received at the public hearing, the City Council of the City of Englewood, as the local licensing authority, does hereby make and adopt the following fin d ings and conclus i ons: 1. That the applicant, Franz Hummel Delicatessen, Inc., is a tenant of Ne w Eng lewood, Ltd., Capital Alliance Company, and thei r ass i gns, as landlord, for Store Unit E-4, also known as E-2100 , Cinderella City Shopping Center, 701 West Hampden Ave., En g l e wo o d, Colo.rado, said l e a s e having been entered into on or abo ut Se p tember 2 0, 19 66 fo r a te rm of fifteen years (see City's Exhib i t 1). 2 . Th .. at l h,· r:o Lt • !iloc kh old c r of F ra nz Humm el Delicatessen, Inc., Mr. Franz Humme l , a nd a ll officers and directors of the c orporation are of good character and reputation, none having been c o n vic t e d of a f e lony or a crime within any court of the United Sta te s or within any co urt of r e cord within any state or territory of t h e United States. 3. That al l l e g a l notices, publications and postings with refe r e nce to public h ea r i n g were proper and consistent with require- me n ts o f Arti cl e 47 , Ti tl e 12, C.R.S. '73, as amended • • - • 4. That the City Council designated an area of two miles in radius as the "neighborhood" to be considered in either grant- ing or denying the app licant's request for said Beer and wine License. 5. Mr. Max Scott, President of Oedipus, Inc., 1200 Pearl Street, Boulder, Colorado, testified that he was employed by the City to conduct a survey to determine the needs and desires of the residents of the neighborhood. He submitted his report containing the method of petitioning and the statistical results of the survey (City's Exhibit 3) and submitted six (6) petitions marked City's Exhibits 2a through 2f. The results of the Oedipus survey revealed that 879 total contacts were attempted and of that figure, 422 were not at home, but that 457 actual contacts were made within the defined neighborhood. Of the 457 actually contacted, 266 expressed an o pinion on the n ee ds and desires of the neighborhood. Of those, 169, or 63.53,, signed the petition stating that the needs and desires of the neighborhood were not met; 97, or 36.47%, signed in opposition or stated that the needs and desires of the neighbor- hood were met. Of the 191 remaining contacts, 27 would not sign any petition, 48 preferred to remain neutral, 56 were not qualified to sign the petition, 19 did not use alcohol, and 41 gave miscel- laneous reasons for not signing either for or against (page 3 City's Exhibit 3). 6. The applicant, Franz Hummel Delicatessen, Inc., sub- mitted numerous exhibits and petitions. The petitioners were generally divided into three groups: the petitions of residents of the designated neighborhood, the petitions of business owners and managers within the neighborhood, and patrons of Cinderella City Shopping Center. The following is the tabulation of petitions submitted by the applicant: APPLICANT: Residents Business Owners, Managers Patrons Valid Signatures 68 149 293 All signatures were in favor, none opposing. The applicant presented testimony from Mr. James Archbarger, Manager of the Cinderella City Complex, who testified as to the area, mar- ket area, general characteristics of the Center, its activity, and a description of the neighborhood location. The applicant called a dditional witnesses, including the owner, Mr. Franz Hummel, sole s tockholder of Franz Humm e l Delicatessen, Inc., who testified as to the nature of his business, discussed applicant's Exhibit O drawing of the premi se s --and the complementary nature of the beer an d wine to his food . -2- • • • 7. Mr. David Long questioned the applicant concerning control of the beer and wine and questioned how many applications were going to be made for alcoholic beverages in Cinderella City. The City Council therefore finds and concludes from the statements of witnesses and the exhibits and petitions presented at the hearing that the neighborhood, as defined by City Council, contains one (1) Beer a nd Wine License within the neighborhood; that a majority of the residents within the neighborhood and the business owners and managers approved the issuance of the license on the basis that the neighborhood is not adequately served by the e xisting outlets. That the desires of the patrons of Cinderella City may not be considered. City Council concludes, under these circumstances, the issuance of the said license is necessary to serve the reasonable needs of the neighborhood and the desires of the inhabitants. NOW, THEREFORE, it is resolved, based upon the record and the e vide nce contained herein, that the application of Franz Hummel De licatessen, In c. for the issuance of a Beer and Wine License at Space E-4, also known as E-2100, at Cinderella City, 701 West Hampden Ave., Englewood, Colorado, be and hereby is approved and granted. ADOPTED AND APPROVED this 3rd day of March, 1980. i;:9 h,~ ~~' Eugene r;r-otis, Mayor Attest: ~ ~_A_. ?LJ~ ex officio Citj" Cl"erk~Tratrsurer I, Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewood, Colorado , do hereby certify that the above and fo regoing is a true, accura te and complete copy of Resolution No. 6 , Series of 1980 , passed by City Council on the 3rd day of March, 1980. ~.~./!~ Gary R.)Rigbe~ -3 -